Combatant Status Review Tribunals: Flawed Answers to the Wrong Question

8 Pages Posted: 20 Mar 2007

Abstract

This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.

Keywords: Guantanamo, Combatant Status Review Tribunal, Prisoner of War, Geneva Convention

Suggested Citation

Blocher, Joseph, Combatant Status Review Tribunals: Flawed Answers to the Wrong Question. Yale Law Journal, Vol. 116, p. 667, 2006. Available at SSRN: https://ssrn.com/abstract=972356

Joseph Blocher (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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